alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Clyde B. Smith *v.*L. J. Chambers *et al.*

(No. 8192)

Submitted February 25, 1936.

Decided March 17, 1936.

*J. H. Gadd,*for appellants.

*Sanders & Day,*for appellee.

Hatcher, President:

For merchandise furnished a trusteeship, Sterling Grocery Company procured several judgments against the trustee, C. B. Smith, and executions were levied on the trust property by a constable, L. J. Chambers. The trustee did not contract against his personal liability, when dealing with the Grocery Company. In this suit the levies were invalidated.

The contract of a trustee in administering a trust is his' personal undertaking at common law, and not that of the trust estate unless he contracts against personal liability. This rule was pronounced many years ago in the leading case of *Taylor*v. *Davis,*110 U. S. 330, 335, 4 S. Ct. 147, 28 L. Ed. 163, and has been consistently recognized by all leading authorities. * * * “suits by *205creditors of a business trust must be brought against the trustees, as in the case of other kinds of trusts. The liability of the trustees is a personal liability, and execution on judgments secured against them may be levied upon their personal assets. The concept of John Doe, *as trustee,*as a legal person separate from John Doe, individually, found no place in the common law.” Bogert on Trusts and Trustees, sec. 302. (See also sec. 712). Accord: Perry, *idem,*(7th Ed.) sec. 815-b; Sears’ Trust Estates, chapters V and VI; Glenn on Liquidation, sec. 75; 26 R. C. L. subject Trusts, sec. 175; 65 C. J., *idem,*sec. 570; Restatement of the Law, Trusts, sec. 261. The Restatement, sec. 266, gives the following corollary of the rule: “A person to whom the trustee has become liable, cannot reach trust property in an action at law against the trustee, although the liability was properly incurred by the trustee in the course of the administration of the trust.”

We do not find a specific application of the rule in our State reports; although in *Thompson*v. *Mann,*65 W. Va. 648, 64 S. E. 920, 22 L. R. A. (N. S.) 1094, 131 Am. St. Rep. 987, a like rule was applied to the contract of a personal representative, who in the broadest sense is a trustee. *In re Hibbler’s Est.,*78 N. J. Eq. 217. Consequently, the levies herein (on the trust property) were invalid.

Counsel raise several questions on the relation of creditors to the trust property. Since this suit has developed only a personal relation between the Grocery Company and the trustee, a discussion of other questions would be *obiter.*

The decree is affirmed.

*Affirmed.*
Exhibit 32.1


CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q for the three-month  period
ending December 31, 2009 of Lifestyle Choice Meals,  Inc., a Nevada  corporation
(the  "Company"),  as filed with the Securities  and Exchange  Commission on the
date hereof (the "Quarterly Report"), I, Andrea Worsley, Chairman, President and
Chief Financial  Officer of the Company certify,  pursuant to 18 U.S.C.  Section
1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1. The Quarterly  Report fully complies with the  requirements  of Section 13(a)
or15(d) of the Securities and Exchange Act of 1934, as amended; and

2. The information  contained in this Quarterly Report fairly  presents,  in all
material  respects,  the  financial  condition  and results of  operation of the
Company.


/s/ ANDREA WORSLEY
__________________________________
Andrea Worsley

President, Secretary Treasurer, Principal Executive Officer,
Principal Financial Officer and Director


Date: February 1, 2010
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk February 7, 2011

0131 

# Order

February 7, 2011

141879

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 141879 COA: 291334 Kalamazoo CC: 2008-000570-FC ANTHONY JUAN ALLEN, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the September 21, 2010 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.
EXHIBIT 32.1

CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of
CurrencyShares® Singapore Dollar Trust (the Trust) on Form 10-Q for the period ended July 31,
2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Nick Bonos, Chief Executive Officer of Rydex Specialized Products LLC, the Sponsor of the Trust, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

1. The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

2. The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Trust.

Date: September 9, 2010



|                             
|-----------------------------
|/s/ Nick Bonos               
|Nick
Bonos*                  
|Chief Executive Officer      
|(principal executive officer)



|* | The Registrant is
a trust and Nick Bonos is signing in his capacity as the principal executive officer of Rydex Specialized Products LLC, the Sponsor of the Registrant.
|- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1 Pursuant to 5TH CIR. R. 47.5, the Court has determined that this

opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. 47.5.4. UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 97-60144 Summary Calendar

RAYMOND KIMBROUGH
Petitioner

VERSUS

PORT COOPER/T SMITH STEVEDORING; DIRECTOR, OFFICE OF WORKER’S COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR

Respondents

Petition for Review of an Order of the

Benefits Review Board

(95-1697) April 30, 1998
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM: 1
Raymond Kimbrough, a crane operator, appeals the denial of his
claim for benefits under the Longshore a nd Harbor Workers’ Compensation Act, as amended, 33 U.S.C. §901, et seq . and the regulations promulgated thereunder. The Decision and Order of the
Administrative Law Judge w as affirmed without opinion by the2

benefits Review Board. We have carefully reviewed the record and determine that the
Administrat ive Law Judge’s findings of fact are supported by
substantial evidence. M arathon Oil Co. v. Lunsford , 733 F.2d 1139, 1141 (5th Cir. 1984). Accordingly, we AFFIRM.
EXHIBIT 32.2
  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO SECTION 906
 OF THE SARBANES-OXLEY ACT OF 2002
  The undersigned, Lirong Hu, the Chief Financial Officer of CHINA POLYPEPTIDE GROUP, INC. (the “Company”), DOES HEREBY CERTIFY that:
  1. The Company’s Quarterly Report on Form 10-Q for the six months ended March 31, 2010 (the “Report”), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and
  2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
  IN WITNESS WHEREOF, the undersigned has executed this statement this 16th day of May, 2011.
  /s/ Lirong HuLirong HuChief Financial Officer(Principal Financial andAccounting Officer)
  A signed original of this written statement required by Section 906 has been provided to China Polypeptide Group, Inc. and will be retained by China Polypeptide Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
  The forgoing certification is being furnished to the Securities and Exchange Commission pursuant to Sec. 18 U.S.C. Section 1350. It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
---

---

Exhibit 13.1

# SECTION 906
CERTIFICATION

# (pursuant to 18 U.S.C.
1350, as adopted pursuant to

# Section 906 of the
Sarbanes-Oxley Act of 2002)

In
connection with the annual report of BluePhoenix Solutions Ltd. (the Company)
on Form 20-F for the period ending December 31, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Arie Kilman, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the
               Securities and Exchange Act of 1934, as amended; and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

| | (2) | The information contained in the Report fairly presents, in all material
               respects, the financial condition and results of operations of the Company.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------

| |  | /s/ Arie Kilman
Arie KilmanChief Executive Officer
| |  | ----------------------------------------------------------------

March 27, 2006

A signed original of this written
statement required by Section 906 has been provided to BluePhoenix Solutions Ltd. and will
be retained by BluePhoenix Solutions Ltd. and furnished to the Securities and Exchange
Commission or its staff upon request.



---

---
T. Rowe Price Tax-Free Income Fund, Inc. 

The following disclosure has been added as a type of municipal security in which the fund may invest: 

 Build America Bonds The American Recovery and Reinvestment Act of 2009 created Build America Bonds, which allow state and local governments to issue taxable bonds in 2009 and 2010 to finance any capitalexpenditures for which they otherwise could issue tax-exempt governmental bonds. State and local governments receive a federal subsidy payment for a portion of their borrowing costs on these bonds equal to 35% of the total coupon interest paid toinvestors. The municipality can elect to either take the federal subsidy or it can pass a 35% tax credit along to bondholders. Investments in these bonds will result in taxable interest income and the funds may elect to pass through to shareholdersthe corresponding tax credits. The tax credits can generally be used to offset federal income taxes and the alternative minimum tax, but those tax credits are generally not refundable. 

----
**EXHIBIT 32.2**

 

**CERTIFICATION**

 

**OF**

 

**PERIODIC REPORT**

 

I, Carl Blandino, the Chief Financial Officer of Diligent Board Member Services, Inc., certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to my knowledge:

 

(1)                               the Quarterly Report on Form 10-Q of the Company for the three and nine months ended September 30, 2013 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

(2)                               the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 
| Dated: | May   19, 2014 |                            |   |
|--------|----------------|---------------------------------|--------|
|   |           |                            |
|   |           | /s/   Carl Blandino             |
|   |           | Carl   Blandino                 |
|   |           | Chief   Financial Officer       |
|   |           | (Principal   Financial Officer) |

 

[A signed original of this written statement required by Section 906 has been provided to Diligent Board Member Services, Inc. and will be retained by Diligent Board Member Services, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.]

 

----
Exhibit 32.1





Certification Pursuant to 18 U.S.C. 1350 as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





In connection with the Quarterly Report of China Media Inc. (the “Company”) on Form 10-Q for the period ended October 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Dean Li, Chief Executive Officer of the Company certify, pursuant to 18 U.S.C. 1350 as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that:





1
The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2
The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








Dated:  December 14, 2009








By:       /s/ Dean Li


Dean Li


President, Chief Executive Officer
Lightbridge Corp.: Exhibit 10.14 - Filed by newsfilecorp.com






Exhibit 10.14 

CHANGE ORDER NO. 4 

TO 

AGREEMENT NO. EDC10017 (ECD-CON-10-001)


BETWEEN 

EMIRATES NUCLEAR ENERGY CORPORATION


(ENEC) 

     AND 

LIGHTBRIDGE CORPORATION 

FOR 

NUCLEAR ENERGY CONSULTANCY SERVICES 




AGREEMENT CHANGE ORDER 


	AGREEMENT NO : EDC10017 (ECD-CON-10-001) 	CHANGE ORDER NO.: 04 	EFFECTIVE DATE:
      JANUARY 01ST, 2012 
	AGREEMENT TITLE :   NUCLEAR ENERGY
      CONSULTANCY SERVICES 
	CONTRACTOR:            LIGHTBRIDGE CORPORATION 
	DURATION:                    JANUARY 01, 2012 TO DECEMBER 31,
      2012. 
	PREAMBLE: 
	
      Change Order No. 4 is Customer's formal approval of the
      Change to the above Agreement No. EDC10017 (ECD- CON-10-001). Total
      Estimated Contract Price is USD 136,129.00 for one (1) year effective from
      January 01st, 2012. 

	CHANGE ORDER DETAILS: 
	
      This Change Order No. 4 is made to renew the Nuclear
      Consultancy Services Agreement with M/s Lightbridge Corporation for one
      (1) year effective date starting January 1st, 2012 on the same Terms &
      Conditions with additional Personnel & new Rates for 2012. The
      Estimated Cost of 2010 & 2011 Agreement was USD 2,347,000.00 however
      only USD 2,066,228.82 was utilized until the end of 2011. Therefore,
      including the value of this change order No. 4 USD 136,129.00 the revised
      Agreement value will be USD 2,202,357.82 

	EFFECT ON AGREEMENT SCHEDULE: 
	Performance Period is extended by one (1) year
      (i.e. from January 01st, 2012 to December 31st, 2012). 
	TERMS AND CONDITIONS: 
	
           •     Except
      as otherwise stated in this Change Order No. 04, all other terms and
      conditions of the original 

	Agreement shall remain unchanged. 	  
	EFFECT ON AGREEMENT PRICE: 	  
	
          
      •     Original Agreement Value (USD) 
	1,877,600.00 
	
          
      •     Change Order No. 01 Value (USD) 
	0.00 
	
          
      •     Change Order No. 02 Value (USD) 
	469,400.00 
	
          
      •     Change Order No. 03 Value (USD) 
	0.00 
	
           •     Change
      Order No. 04 Value (USD) — Not utilized value 
	(-280,771.18) 
	
          
      •     Change Order No. 04 Value (USD) — Renewal
      Budget 
	136,129.00 
	Revised Contract Value (USD) 	2,202,357.82 



SIGNATORIES 

IN WITNESS of which each of the parties has signed this
Agreement Change Order No. 04 on the Effective Date: 

	  	 	By: 	/s/
      Saleh Al Shehhi 
	SIGNED by 	) 	
	For and on behalf of Emirates Nuclear 	) 	Name: Saleh Al Shehhi 
	Energy Corporation (ENEC) 	) 	Title: Executive Director Supply
      Chain 
	  	 	         
         Date: 16/04/2012 
	  	 	  
	  	 	By: 	/s/
      Seth Grae 
	SIGNED by 	) 	
	For and on behalf of Lightbridge 	) 	Name: Seth Grae 
	Corporation 	) 	Title: President & CEO 
	  	 	Date: 13 April 2012
Exhibit 32.2

CERTIFICATION BY CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION
1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with this
Amendment No. 2 to the Quarterly Report of Forbes Energy Services Ltd. filed on Form 10-Q/A (the Company) for the quarter ended September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, L. Melvin Cooper, Chief Executive Officer and President of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledge, that:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange
Act of 1934; and

(2) The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.



/s/ L. Melvin CooperL. Melvin CooperSenior Vice President,Chief Financial Officer and Assistant Secretary


Date:
March 11, 2011
EXHIBIT 32



<PAGE>


                                  CERTIFICATION

      In connection with the Annual Report of Energas Resources, Inc. (the
"Company") on Form 10-KSB for the year ended January 31, 2005 as filed with the
Securities and Exchange Commission (the "Report"), George G. Shaw, the Chief
Executive and Principal Financial Officer of the Company, certifies, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to the best of his knowledge:

     (1)  The Report fully  complies with the  requirements  of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     (2)  The  information  contained  in the  Report  fairly  presents,  in all
          material respects the financial condition and results of the Company.


Date:  July 8, 2005
                              By: /s/ George G. Shaw
                                  ------------------------------------
                                  George G. Shaw, Chief  Executive and Principal
                                  Financial Officer
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Small Business Administration [Disaster Declaration # 12136 and # 12137]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Nebraska (FEMA-1902-DR), dated 04/21/2010. *Incident:*
                         Severe storms, ice jams, and flooding. *Incident Period:*
                         03/06/2010 through 04/03/2010. *Effective Date:*
                         04/21/2010. *Physical Loan Application Deadline Date:*
                         06/21/2010. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         01/21/2011.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 04/21/2010, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Antelope, Arthur, Boone, Boyd, Butler, Cass, Colfax, Cuming, Dakota, Gage, Greeley, Hayes, Holt, Howard, Jefferson, Johnson, Lancaster, Loup, Madison, Nance, Nemaha, Nuckolls, Otoe, Pawnee, Pierce, Platte, Polk, Richardson, Saline, Seward, Stanton, Thurston, Valley, Wheeler, York The Interest Rates are: PercentFor Physical Damage:Non-Profit Organizations With Credit Available Elsewhere
3.625Non-Profit Organizations Without Credit Available Elsewhere
3.000For Economic Injury:Non-Profit Organizations Without Credit Available Elsewhere
3.000
 The number assigned to this disaster for physical damage is 12136B and for economic injury is 12137B (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance.


[FR Doc. 2010-10045 Filed 4-29-10; 8:45 am] BILLING CODE 8025-01-P
The HONORABLE CHARLES A. SHAW, United States District Judge 1

for the Eastern District of Missouri.

___________

No. 95-1576

___________

United States of America, *

 *

Appellee, *

 * Appeal from the United States

v. * District Court for the

 * Eastern District of Missouri.

James Ward, *

 * [UNPUBLISHED]

Appellant. *

___________

 Submitted: November 28, 1995

 Filed: December 11, 1995

___________

Before FAGG, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

James Ward pleaded guilty to conspiring to distribute and possess

with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1)

and 846. The district court sentenced him to seventy months in prison and 1

four years supervised release. On appeal, Ward argues the district court

erred in assessing an enhancement for possessing a firearm, and in denying

a minor-participant role reduction. See U.S.S.G. §§ 2D1.1(b)(1); 3B1.2(b).

We affirm.

The district court's findings that a defendant warrants a firearm

possession enhancement and is not entitled to a "minor participant"

reduction will not be reversed unless clearly erroneous. See United States

v. Richmond, 37 F.3d 418, 419 (8th Cir. 1994), cert. denied, 115 S. Ct.

1163 (1995); United States v.
-2-

Rayner, 2 F.3d 286, 288 (8th Cir. 1993). The government must prove by a

preponderance of the evidence that defendant warrants a firearm

enhancement, which is assessed if "it is not clearly improbable that the

weapon had a nexus with [drug trafficking] activity." Richmond, 37 F.3d

at 419. Defendant must prove he is entitled to a reduction for minor

participant role in the offense. 

After carefully reviewing the record, we conclude that the district

court's findings are not clearly erroneous. Police found numerous

firearms, heroin, and drug paraphernalia in the upstairs portion of a house

in St. Louis that Ward shared with a more culpable conspirator, which

justified the finding of a nexus between the firearms and the illegal drug

activities of both conspirators. Compare Richmond, 37 F.3d at 420; United

States v. Williams, 10 F.3d 590, 595-96 (8th Cir. 1993); United States v.

Hammer, 3 F.3d 266, 270 (8th Cir. 1993), cert. denied, 114 S. Ct. 1121

(1994); United States v. Turpin, 920 F.2d 1377, 1386 (8th Cir. 1990), cert.

denied, 499 U.S. 953 (1991). In addition to receiving packages of heroin

from California and delivering them to his more culpable conspirator, Ward

assisted in local distribution of the heroin, which justified denying the

§ 3B1.2(b) reduction. Compare United States v. Abanatha, 999 F.2d 1246,

1250 (8th Cir. 1993), cert denied, 114 S. Ct. 1549 (1994). 

The judgment of the district court is affirmed.

A true copy.

Attest:

 CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.